Ramby de Mello

Viewing: Immigration, Asylum and Nationality for Ramby de Mello

Ramby is a specialist barrister in judicial review and public law. He has many high profile reported cases and has appeared in the High Court, Court of Appeal, House of Lords (Supreme Court) and the European Court of Justice.
In addition he is an acknowledged expert in human rights (including being a general editor of Human Rights Act 1998 Practical Guide’ –published by Jordans) European Union law particularly in relation to anti-discrimination law, administrative law, public procurement, freedom of establishment, services and movement (including social security, immigration, crime, customs and excise) Nationality and immigration law (including national security and terrorism law) .
His specialism includes child support law, social services, civil liberties, individual rights, civil actions against the state, extradition, education, prison and discrimination law.
Ramby frequently undertakes pro bono work and was Times Lawyer of the Week for representing a Hindu wishing to undertake an open air funeral pyre in the UK.
Consultant editor of INLR (Jordan)
“Always impressive. He has a constructive grasp of the law.”
Chambers UK 2023
Ranked Tier 3
Legal 500 2023 (London Bar)
Ranked Band 1
Chambers UK 2022 (Midlands Bar)
“He is well regarded in the immigration field.”
Legal 500 2022
“He is an innovative lawyer, very good at picking a point and running with it. He has impressively deep legal skills.”
Chambers UK 2021
“He thinks of new legal arguments on his feet spontaneously and has a natural flair in the court. He is a very creative barrister.”
Chambers UK 2019
Notable Cases
He has a wide practice as shown by some of the cases set out below:
R(AHK)-v-SSHD [2009] EWCA Civ 287 [2009] 1 WLR 2049
The court set out the principles to be adopted in determining whether a special advocate should be appointed to represent an applicant seeking judicial review of a refusal of his application for British citizenship, where the refusal was on the ground that the applicant had not demonstrated good character and where the Home Secretary was not willing to disclose, ) Ex parte Scullion (state liability for non-transposition of EC Directives in social security law),
SSHD-v-Ex parte Wolke (HL) [1997] 1 WLR 1640
(EC law and Social security),
P-v-S C13/94 [1996] ICR 795 ECJ
(transsexual and Sex Discrimination) (this case changed domestic law to protect transsexuals against discrimination in the work place),
Ocezlik [2009] EWCA Civ 260
The time taken to process an application of a Turkish immigrant for indefinite leave to remain in the United Kingdom did not count towards the one-year period of legal employment that would entitle him to remain in the UK under the EC,
Bigia [2009] EWCA Civ 79
The court ruled on the extent to which the decision of the European Court of Justice in Metock v Minister for Justice, Equality and Law Reform (C-127/08) (2009) All ER (EC) 40 had affected domestic law on the rights of persons falling within Directive 2004/38 art.3.2(a), namely “other family members” of a “Union citizen”,
Manjit Kaur ECJ Case C-192/99 [2001] ECR 1-1237
(whether British Overseas nationals are EU citizens);
R(Tofik)-v-IAT[2003] EWCA Civ 1138 [2003] INLR 623
(duty of tribunal to give reasons for refusing extension of time,
When considering whether the removal of a person, who claimed that she was dependent on a daughter and her family in the UK because of her ill health, breached her right to a family life under the European Convention on Human Rights 1950 art.8, the AIT failed to have proper regard to the positive duty on contracting states to show respect for family life and failed to appreciate that a person’s family was the group on which many people most heavily depended socially, emotionally and financially,
Lim-v-SSHD [2008] INLR 60 [2007] EWCA Civ 773
All questions arising under theA Immigration and Asylum Act 1999 s.10 were to be regarded as appealable and reviewable and the use of judicial review had to be calibrated to the nature of the issues through the exercise of judicial discretion to the nature of the issue or issues,
R. v Secretary of State for the Home Department Ex p. Khawaja [1984] A.C. 74
and the Nationality, Immigration and Asylum Act 2002 s.82 could be respected. CA (Civ Div) (Sir Mark Potter (President Fam), Sedley LJ, Wilson LJ) 25/7/2007,
YD-v-Turkey [2006] 1 WLR 1646
the Court of Appeal has an inherent jurisdiction to order the Home Secretary to refrain from removing an applicant whilst his out of time appeal is pending with the court,
Raghbir Singh-v-SSHD [1996]Imm AR 507
(deportation on grounds of national security),
SN-V-SSHD [2005] EWCA Civ 1683 [2006] INLR 273
(removal of an HIV/AIDS sufferer receiving treatment in the UK which would not be available in the destination country).
SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9
SAS-v-France (Grand Chamber)Judgment is expected in May 2014. (Application no. 43835/11)
(France banning wearing of burcas)
Tele2 Sverige AB v Post- och telestyrelsen (C-203/15) EU:C:2016:970; [2017] Q.B. 771; [2017] 2 W.L.R. 1289; [2017] 2 C.M.L.R. 30; ECJ
Data Law
Chen-v-SSHD Case C-200/02
International law and freedom of movement (rights of the EU child)
Carson and Reynolds-v-Department of Works and Pensions [2005] UKHL [2006] 1 AC 173 [2005] 2 WLR 1369
(age related benefits are not discriminatory under article 14 ECHR)
Kehoe-v-DWP [2005] 3 WLR 252 (HL) [2006] 1 AC 42
(determination of civil rights and obligations whether civil rights are engaged under the Child Support Act 1991);
Baiai-v-SSHD [2007] 1 WLR 693 [2008] UKHL 53, [2008] UKHRR 1232, [2009] 1 AC 287
(the right to marry protected by article 12 of the European Convention on Human Rights);
Miller and Anor, R (on the application of) v Secretary of State for Exiting the European Union (Rev 3) [2017] UKSC 5 ( [2018] AC 61, [2017] UKSC 5, [2017] 2 WLR 583, [2017] NI 141, [2017] 1 All ER 593, [2017] 2 CMLR 15
(undue influence)
MM (Lebanon) and others-v-SSHD [2017 ] UKSC 10
(financial minimum requirement in the immigration rule)
Bibi and Ali-v-SSHD[2015] UKSC 68
(English language requirement in the Immigration Rules)

Latest News & Publications

Supreme Court dismisses SSHD’s appeal in the case of HA and RA (Iraq) v SSHD. An important decision on the deportation of foreign criminals with children in the UK...

Date: Wed, 20 Jul 2022
An appellant whose appeal against deportation on human right grounds failed in the Court of Appeal and following the refusal of leave to appeal from the Supreme Court nevertheless succeeded in obtaining leave to remain from the UK Government after making a complaint to the Strasbourg Court....

Date: Mon, 29 Nov 2021
Counsel from No5 represented parents who have been fighting for the right to protest...

Date: Tue, 03 Dec 2019